Real Estate Law
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Welcome and thank you for your question. I will be the professional that will be assisting you. Was this natural area designation created by an amendment?
No, this natural area was not designated by an amendment.
If there is no separate designation these areas would be treated as part of the common area.I checked the Statutes and there is no natural area designation. Further there is nothing in the statutes that releases the Association from maintaining all common areas. Are they trying to say this is a limited common area?
I do not know what they are trying to say except refering to "natural area". Would the "limited common area" make a diference?
North Carolina laws are not very restrictive on the powers of the Association for a condominium or planned communities.
The NC Condominium Act Chapter 47C The NC Planned Community Act Chapter 47F
In fact there are very few requirements placed on the Board. In fact, North Carolina is one of the most lenient states in the Country. They do not provide owners with a lot of protection against the HOA.
If the board created a separate designation, such as a limited common area, they can provide different rules for those designations.
Our Declaration reads: a) "Common Area" means all real property owned by Assoc.....Common Area shall also include all open spaces designated as such on the recorded plat for Subdivision... b) "Common Expenses" means expense of administration, maintenance.... of the Common Area....Based on the above language and under the requirements of both Acts the maintenance of the common areas is required.